THE LEGAL FRAMEWORK FOR THE

REGULATION OF PUBLIC ETHICS

IN TANZANIA :

A REVIEW
[By R.W.Tenga, 2010 ]
ETHICS SECRETARIAT WORKSHOP
MOROGORO, April 2010
 OVERVIEW
1. THE DESIGN OF THE MODERN LIBERAL STATE
AND THE PARADOX OF CORRUPTION
2.LEGISLATIVE HISTORY OF THE REGULATION OF
PUBLIC LEADERS ETHICS IN TANZANIA.
3.THE PUBLIC LEADERSHIP CODE OF ETHICS ACT,
CAP. 398: OVERVIEW
4.COMPARATIVE LEGISLATIVE SCHEMES ON
PUBLIC CODE OF ETHICS: COMPARISON WITH
UGANDA AND KENYA
5.CONSIDERATION OF THE FRAMEWORK OF
ETHICS FOR PUBLIC LEADERS.
6.

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 JUSTIFICATION FOR REVIEW
1 Ethics Secretariat s Mandate has widened to
cover Middle Level Civil Servants;
2 The establishment of six Ethics Secretariat Zonal
Offices
3 New legislation such as the Commission for
Human Rights and Good Governance
Act (2001) and the Prevention and
Combating of Corruption Act (2007);
4 Public Sector Regulations in 2003 providing
for a Code of Conduct for civil servants;

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 JUSTIFICATION FOR REVIEW (2)
5 Enactment of Code of Ethics for Local
Government Councillors, 2000.
6 New strategies such as the National Strategy for
Growth and Reduction of Poverty (MKUKUTA)
with good governance as one of the three clusters
of the Strategy;
7 Adoption of National Anti-Corruption Strategy Action
Plan (NACSAP)
8 Regulatory changes, in particular in the tendering and
procurement area have been introduced and put
into place mechanisms that address certain areas
covered in the existing Act.

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 1.THE MODERN LIBERAL STATE AND THE PARADOX
OF CORRUPTION

qThe Centrality of Leadership.

Platos REPUBLIC
Ciceros DE OFFICIIS (On Duty)
Machiavellis THE PRINCE
Jesus to Julius Nyerere
qDesigning the State - Montesquieu
THREE PILLARS of the STATE
SEPARATION OF POWERS
CHECKS & BALANCES
The inevitability of CORRUPTION & the withering
away of the State.

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 KAUFMANN STUDY MOST EFFECTIVE
ANTI-CORRUPTION MEASURES

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 KAUFFMAN ON GOOD GOVERNANCE
MANY DIMENSIONS

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 S E V E N PRI NCI PLE S OF PU BLI C L I F E -
Lord Nolan's Committee , UK , 1995

1.SELFLESSNESS
2.INTEGRITY
3.OBJECTIVITY
4.ACCOUNTABILITY
5.OPENNESS
6.HONESTY
7.LEADERSHIP

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 2. LEGISLATIVE HISTORY OF THE REGULATION OF
PUBLIC LEADERS ETHICS IN TANZANIA.
qColonialism TANUs Leadership
Penal Code Code 1967
Prevention of The Committee for
Corruption the Enforcement
Ordinance Cap. of the Leadership
400 Code Act, 1973
THE LEADERSHIP
qIndependence and CODE OF ETHICS
After ACT, Cap. 398 [1995]
The Interim LOCAL GOVERNMENT
Constitution 1965 CODES OF CONDUCT
[2000]
The Permanent PUBLIC SERVICE ACT,
Commission of
Enquiry 1966


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 The Establishment of the ETHICS SECRETARIAT THE
CONSTITUTIONAL MANDATES

ARTICLE 132 WHAT A LEADERSHIP PROVISIONS THAT UNDERSCORE THE

CODE OF ETHICS SHOULD CONTAIN PRIMACY OF ETHICAL CONDUCT

Define PUBLIC LEADERS President [Art. 46A(2)]

Provide for ASSETS Vice President [Art. 50 (3) (b) ]

DECLARATIONS Prime Minister [Article 53 (2) (a) ]

Prohibit UNETHICAL Ministers, & Deputy Ministers [Article 57

CONDUCT (2) (g)]
Prescribe PENALTIES Members of Parliament (Article 67 (2) (d) ]
Declaration of Ethics compliance by MPs
Provide for COMPLIANCE [Art.69]
mechanisms. Declaration of Assets by MPs [Art. 70]
Promote HONESTY, Loss of Seat for Breach of Ethics [Art. 71

TRANSPARENCY, (1) (d) & (g)]

IMPARTIALITY, & Speaker [Art. 84]
INTEGRITY Deputy Speaker [Art.85]
Protect PUBLIC FUNDS & Judicial Officers
PROPERTY Judges [Art.110 (5)]

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 3. PUBLIC LEADERSHIP CODE OF ETHICS ACT,
1995 [Cap. 398] - OVERVIEW

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 Principles to be invoked in the coe
[Section 6]
1. UPHOLD HIGHEST ETHICAL
STANDARDS
2. ENHANCE CONDUCT THAT
WOULD BEAR CLOSEST
PUBLIC SCRUTINY
3. UPHOLD THE RULE OF LAW
4. LEADERS PRIVATE INTEREST
NOT TO UNDERMINE
GOVERNMENT ACTION
5. AVOID REAL, POTENTIAL OR
APPARENT CONFLICTS OF
INTEREST
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6. AVOID GIFTS & OTHER
ECONOMIC BENEFITS
7. AVOID PREFERENTIAL
TREATMENT TO ANY
PERSON
8. INSIDE INFORMATION
9. USE PUBLIC PROPERTY
FOR PUBLIC BENEFIT
10.GUIDE POST-EMPLOYMENT
BEHAVIOUR
 Comparison with the public service
coe, 2005
1.PURSUIT OF 5.INTEGRITY
EXCELLENCE IN 6.ACCOUNTABILITY
SERVICE 7.RESPECT OF LAW
2.LOYALTY 8.PROPER USE OF
3.DILIGENCE OFFICIAL
4.IMPARTIALITY INFORMATION

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 CORE VALUES UNDERLYING THE PUBLIC
SERVICE COE
I. CORE VALUE : PROFESSIONALISM
Principle 1 : SERVICE EXCELLENCE
Principle 2 : DILIGENCE
Principle 3 : IMPARTIALITY
Principle 4 : USE OF INFORMATION
II. CORE VALUE : HONESTY
Principle 5 : INTEGRITY
III. CORE VALUE : RESPONSIBILITY
Principle 6 : LOYALTY TO GOVERNMENT
Principle 7 : ACCOUNTABILITY TO PUBLIC
Principle 8 : RESPECTING THE LAW

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 4. COMPARATIVE LEGISLATIVE SCHEMES ON THE PUBLIC CODE OF
ETHICS: COMPARISON WITH UGANDA AND KENYA

UGANDA

KENYA

CONSTITUTION OF UGANDA, PUBLIC OFFICER ETHICS ACT , 2003

P A R T I I SPECIFIC CODES OF CONDUCT AND ETHICS
1995 P A R T I I I GENERAL CODE OF CONDUCT AND ETHICS
8 PERFORMANCE OF DUTIES , GENERAL .
CHAPTER FOURTEEN 9 PROFESSIONALISM
LEADERSHIP CODE OF

1 0 RULE OF LAW .
1 1 NO IMPROPER ENRICHMENT .
CONDUCT 1 2 CONFLICT OF INTEREST .
1 3 COLLECTIONS AND HARAMBEES .
233. Leadership Code of
1 4 ACTING FOR FOREIGNERS .
Conduct. 1 5 CARE OF PROPERTY .
234. Enforcement of the 1 6 POLITICAL NEUTRALITY .
1 7 NEPOTISM
code. 1 8 GIVING OF ADVICE
235. Disqualification for 1 9 MISLEADING THE PUBLIC
2 0 CONDUCT OF PRIVATE AFFAIRS .
breach of the code.
2 1 SEXUAL HARASSMENT .
236. Interpretation 2 2 SELECTION , ETC . OF PUBLIC OFFICERS .
2 3 SUBMITTING OF DECLARATIONS
LEADERSHIP CODE ACT 2002 2 4 ACTING THROUGH OTHERS
2 5 REPORTING IMPROPER ORDERS
PART III CONFLICT OF P A R T I V DECLARATIONS OF INCOME , AS SET S A ND
L I A B I L I TIES
INTEREST [ss 8 - 15]

PART IV POST-
EMPLOYMENT [ss16-17]

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 WORLD BANK COMPARATIVE FRAMEWORK FOR ASSETS
DECLARATIONS
[ http://www1.worldbank.org/publicsector/civilservice/assetsDimensions.htm ]

1.Historical 5.Processing of
Information; the
2.Coverage of the Declaration
law;
;
3.Filing Frequency
and Method; 6.Punishment
4.Content of the for Breach;
Declaration; 7.Public Access
1. to
Declaration
s.

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 EXAMPLE 1 COVERAGE OF THE LAW

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 EXAMPLE 2 PUBLIC ACCESS TO
DECLARATIONS

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 5.CONSIDERATION OF THE FRAMEWORK OF ETHICS FOR
PUBLIC LEADERS. A GENERAL FRAMEWORK
General Framework
Tanzanias Public Ethics Framework
qThe Constitution
qStatutory Frameworks
Public Leadership Code of Ethics Act, Cap
398 [1995]
The Public Service Act, Cap 298 [2000]
The Public Service Code of Ethics,
2005
The Local Government Acts
Professional Codes

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 5.CONSIDERATION OF THE FRAMEWORK OF ETHICS FOR
PUBLIC LEADERS. AREAS OF CONCERN
q AREAS OF CONCERN
Major Reviews:
Philemon Mujumba (1999)
NOLA
q The Definition of a Public Leader
q Declaration of Assets
q Gifts Nominal and Customary Hospitality.
q Public Access of the Register.
q Penalties for breach of the Code.
q Conflict with other Statutes
q Achieve Highest Public Scrutiny by:
Making Declarations mandatory for all Public Leaders & Officers (eg. Kenya)
Declarations to be lodged on assumption of office, annually after that and on
vacation of office
Publicity of high ranking public leaders declarations be mandatory and for others
be subject to restrictions

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 5.CONSIDERATION OF THE FRAMEWORK OF ETHICS FOR
PUBLIC LEADERS. RESOLVING CONFLICT OF INTEREST
THE CASE OF THE BLIND TRUST
q THE CASE OF THE BLIND TRUST
A Blind Trust is A Trust in which the Settler places
investments under the control of an independent
trustee, usually, to avoid a Conflict of Interest
(Blacks Law Dictionary)
A Trust involves three elements, namely,
(1) a Trustee who holds the Trust property and is subject to
equitable duties to deal with it for the benefit of another ;
(2) a beneficiary to whom the trustee owes equitable duties
to deal with the property for his benefit.
(3) Trust property, which is held by the trustee for the
beneficiary
(Blacks Law Dictionary 7th Ed)

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 Tentative Recommendations on the
Blind Trust
Determination of the different devices that may be used i.e. the
traditional Blind Trust and/or the disposition of the property to
a professional trustee or a family trust managed by an
independent professional trustee.
The identification and qualification of individuals or bodies
corporate that may be retained to perform the functions of a
Professional Trustee who would have the obligation to report
properly to on management of the property be provided for.
Amendment of the law of Trusts and Succession in a manner that
would accommodate the concept of Blind Trusts. (RITA,
PUBLIC TRUSTEE, ADMINISTRATOR GENERAL,
INCORPORATION OF TRUSTEES ACT, etc.)
All Public leaders to place their commercial interests and assets
under such authorized Trusts. This may not involve public
leaders who are not required to report their affairs with the
Ethics Commissioner.

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 MWISHO!!!!




ASANTE KWA KUNISIKILIZA!!
THANK YOU!

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